Dr. NOOR-US-SABA vs FEDERATION OF PAKISTAN through Secretary, Ministry of National Health Services Ss

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Dr. NOOR-US-SABA VS FEDERATION OF PAKISTAN through Secretary, Ministry of National Health Services Ss.2(n) & 3---Rules of Business, 1973, R.15(2)---Summary for Prime Minister---Term "stake holder"---Scope---Petitioner assailed notification issued by Federal Government repatriating her to her parent department which was based on summary forwarded to Prime Minister---Validity---Summary must give sufficient background / history and should explain proposal comprehensively to enable the Cabinet to make an informed decision--- Wherever required, views of stakeholders and response of sponsoring Division was to be presented---Term "stakeholders" could not be confined to other Government departments but was to include persons whose rights or interests were to be adversely affected by the decision solicited by the Ministry submitting summary---Summary in question sought Prime Minister's earlier decision regarding regularization of petitioner and her subsequent placement in DRAP as Director (BS-20) to be reviewed---Petitioner was a stakeholder whose views should have been mentioned and presented in summary in question---Historical background, especially pertaining to joint efforts made by two departments to defend petitioner's regularization and placement as Director (BS-20) in DRAP in proceedings before High Court in an earlier Constitutional petition was a relevant fact which should have been mentioned in the summary to Prime Minister---Administrative control over Project in question was shifted to Cabinet Division on 30-06-2011 and Drug Regulatory Agency of Pakistan Ordinance, 2012, was promulgated on 16-02-2012---Drug Regulatory Agency of Pakistan was established under section 3 of Drug Regulatory Agency of Pakistan Ordinance, 2012---"Therapeutic goods" under S.2(n) of Drug Regulatory Agency of Pakistan Ordinance, 2012, included drugs and medicine or medical devices or biologicals or other related things as could be notified by the Agency---Office Memorandum dated 08-05-2012 issued by the Cabinet Division showed that administrative control over Drug Regulatory Agency of Pakistan was transferred from Cabinet Division to National Regulation and Services Division vide the Cabinet Division's memorandum dated 03-04-2012---Subject of "National Control Laboratory for Biologicals" was transferred to Drug Regulatory Agency of Pakistan vide Drug Regulatory Agency of Pakistan Ordinance, 2012, which Ordinance was repealed and replaced by Drug Regulatory Authority of Pakistan Act, 2012, which was enacted on 13-11-2012--- Prime Minister's decision dated 06-05-2013 caused petitioner to be "regularized" in DRAP which had administrative control over subject of "National Control Laboratory for Biologicals."---Petitioner could not have been regularized in a project post, she was regularized in the Authority which had administrative control over the subject for the strengthening of which the Project was established---High Court set aside notification dated 15-07-2019 (which was based on the Prime Minister's decision dated 27-11-2018 which in turn was based on the Ministry of NHSR&C's summary dated 15-05-2018) and directed that the Prime Minister would take a decision afresh on the basis of a summary which should include petitioner's position and be submitted strictly in accordance with the requirements of R.15(2) of the Rules of Business, 1973, read with the Cabinet Division's instructions / guidelines dated 24-01-2018 for the submission of cases to the Cabinet / Cabinet Committees---Constitutional petition was allowed accordingly.

Dr. NOOR-US-SABA vs FEDERATION OF PAKISTAN through Secretary, Ministry of National Health Services Ss — 2023 CLC 1245 ISLAMABAD

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